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(영문) 부산고등법원 2015.12.17 2014나8950
부동산소유권이전등기 말소 등
Text

1. The plaintiffs' appeals against the defendants are all dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

Reasons

1. The reasons why the court should explain this part of the basic facts are as stated in Paragraph 1 of Article 420 of the Civil Procedure Act. Thus, this part of the reasoning of the judgment of the court of first instance is cited as it is by the main text of

2. The Plaintiffs’ assertion Q was delegated by the Defendants with respect to all rights regarding the instant apartment, and agreed on April 13, 2014 to pay the amount agreed upon as stated in the Plaintiffs’ claim. As such, the Defendants are jointly and severally liable to pay the said agreed amount and damages for delay to the Plaintiffs.

3. In full view of the respective entries and arguments in Gap evidence Nos. 4, 5, and 8, the following facts are stated as follows: ① A’s confirmation document (Evidence No. 8-1) written in the name of defendant M on April 12, 2014 and confirmation document (Evidence No. 8-2) written in the name of defendant L on April 16, 2014, “I confirm that Q will delegate all the property rights and rights to the apartment of this case to Q?”; ② Q is composed of the defendants and T on April 13, 2014 with the plaintiff representing the plaintiffs on behalf of the defendants and T et al., stating that “The amount indicated in the claim Nos. 4, 5, and 8 (hereinafter “the agreement”) written in the name of defendant M shall be paid to the plaintiffs on the agreed amount (hereinafter “this case’s apartment agreement”) and the purport of the agreement to verify Q Q’s property rights as well as the purport of the agreement. However, the defendants may fully delegate Q Q’s property rights to the agreement.

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